Texas Bank and Trust Co. v. Moore

I agree with the able opinion of the court of civil appeals, 576 S.W.2d 691 (1979).

Many friends and relatives are called upon to assist people of advanced years or who face major medical problems. Sometimes the action is one of kindness and at the request of the person in need of help, and is purely for the purpose of accommodation.

Even if this is the type of case not to be tried on issues of lack of capacity or undue influence, or both, — as to which I express no opinion, whether these friends or relatives have entered into a confidential relationship is a question of fact, and is not, as…